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31 Aug 1804. Collectania Juridicae :Blackstones — H K
Neither can burglary
be committed in a
tent or booth erected
in a market or fair;
tho' the owner may
lodge therein: for the
law regards thus highly
nothing but permanent
edifices.... &
it is the folly of the
owner to lodge in so
fragile a tenement:
but his lodging there
no more makes it burglary
to break it open
than it wod be to uncover
a titled waggon in
the same circumstances. IV 226
If a person leaves
his doors or windows
open, it is his own
folly & negligence; &
if a man enters therein
it is no burglary: yet,
if he afterwards unlocks an inner or chamber door it is so. IV 226.
Of things... that
adhere to the freehold,
as corn, grass, trees, &
the like, or lead upon a
house, no larceny could be
committed by the rules
of the common law; but
the severance of them
was, & in many things
is still, merely a trespass. IV 232.
But if the thief severs
them [things that atdhere
to the freehold] at one
time, whereby the trespass
is completed, & they are
converted into personal
chattels, in the constructive
possession of him in
whose soil they are left
or laid; & comes again
at another time, when
they are so turned into personally,
& takes them away;
it is larceny: & so it is, if the
owner or any one else has revered
them. IV 233.
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Stealing one out of mines
is... no larceny, upon
the same principle of
adherence to the freehold;
with an exception only to
mines of black lead, the
stealing one out of which
is felony without benefit
of clergy. IV 234
The stealing of writings
relating to a real
estate is no felony, but
a trespass: because they
concern the land, or ...
savour of the realty, &
are considered as part
of it by law. IV 234
It is true , that th
mercey of juries will often
make them strain a
point, & bring in larceny
to be under the value of
tenwelvepence when it is really
of much greater value:
but this is a kind of pious pergjury. IV 239
The offence of privately
stealing from a man's person
.... without his knowledge,
was debarred of
th benefit of clergy, so
early as by th Statute &
Eliz. c. 14. But then it
must be such a larceny
as stands in need of
the benefit of clergy, viz
of above th value of
twelvepence; else the offender
shall not have
judgmt of death .....
This severity .... seems to be
owing to th ease with
which such offences are
committed, & the difficulty
of guarding agt them:
besides that this is an
infringemt of property,
in the manual possessn
occupatn or corporal
possessn of the owner,
which was an offence
even in a state of
nature. IV 241.
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Outlawry may frequently
be reversed by writ of error,
the proceedings therein
being (as it is fit they
should be) exceedingly nice
& circumstantial; & if
any single minute point
be omitted or misconducted,
th whole outlawry
is illegal and may
be reversed. IV 315
If James Allen, gentleman ,
is indicted by the
name of John Allen,
esquire, h may plead
that he has the name
of James, & not of Johmn;
& that he is a gentleman,
& not an esquire. And
if either fact is found
by a Jury, then th indictmt
shall be abated. IV 329
Universal maxim
of th common law of
England, that no man
is to be brought into
jeopardy of his life,
more than once for
the same offence. IV 329
On witness is not allowed
to convict a man
indicted for perjury; because
then there is only
one oath agt another. IV 3751
Sir Matthew Hale....
lays down two rules.. .
1. Never to convict a man
for stealing th goods of
a person unknown, merely
because he will give
no account how he came
by them, unless an actual
felony be proved
of such goods: & 2. Never
to convict any person of
murder or manslaughter,
till at least the body
be found dead. IV 352
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